Virtual Bench Trial Protocols and Procedures

Virtual Bench Trial Protocols and Procedures Hon. Norman St. George, District Administrative Judge 10 Judicial District-Nassau County th TABLE OF CONTENTS. Overview .. 3. Virtual Bench Trial Decorum .. 4. Safeguarding the Virtual Bench Trial .. 5. Maintaining Public Access .. 5. Pre- Trial Considerations .. 5. Virtual Pre- Trial Conference .. 6. Opening Statements .. 7. Exhibits .. 8. Witness Testimony .. 9. Sidebar Conferences .. 11. Closing Arguments .. 11. Record on Appeal .. 12. Virtual Criminal Trial Considerations .. 12. Summary .. 14. Exhibit A - Proposed Stipulation and Order .. 15. Exhibit B Sample Witness Inquiry .. 29. Exhibit C Sample Defendant Waiver of In-Person Bench Trial Form and Sample Waiver Inquiry and Consent to a Virtual Bench Trial .. 31. 2. Overview The Covid-19 pandemic has required all Courts across New York State to innovate and adapt in order to continue to provide the effective and efficient administration of justice and Access to Justice for all Court users consistent with the highest standards of Chief Judge DiFiore's Excellence Initiative.

Once a case has been selected for a Virtual Bench Trial, the attorneys and the litigants must stipulate in writing to waive a Jury Trial (where authorized), and proceed via Virtual Bench Trial. Judiciary Law 2-b(3) provides inherent power and broad discretion to Courts to employ innovative procedures where necessary “to carry

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